(A) The City Police Department is hereby required, as the exclusive entity within the city, to conduct a criminal history background investigation on the applicants for all licenses issued by the city, including, but not limited to, liquor licenses, peddler licenses and massage parlor license, unless the City Administrator concludes that said background investigation is not required. The extent and nature of any said background investigation is at the discretion of the City Administrator unless otherwise required by law.
(B) In conducting the criminal history background investigation in order to screen license applicants, the Police Department is authorized to access data maintained in the State Bureau of Criminal Apprehensions Computerized Criminal History information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of the Chief of Police or his or her designee. A summary of the results of the computerized criminal history data may be released by the Police Department to the City Administrator and the City Council, Assistant to the City Administrator, City Clerk or other city staff involved in the license approval process.
(C) Before the investigation is undertaken, the applicant must authorize the Police Department by written consent to undertake the investigation. The written consent must fully comply with the provisions of M.S. Ch. 13, as it may be amended from time to time, regarding the collection, maintenance and use of the information.
(D) Except for the positions set forth in M.S. § 364.09, as it may be amended from time to time, the city will not reject an application for a license on the basis of the prior conviction unless the crime is directly related to the license sought and the conviction is for a felony, gross misdemeanor or misdemeanor coupled with incarceration. If the city rejects the application on this basis, the city shall notify the applicant in writing of the following:
(1) The grounds and reasons for the denial;
(2) The applicant complaint and grievance procedure set forth in M.S. § 364.06, as it may be amended from time to time;
(3) The earliest date the applicant may reapply for a license; and
(4) All competent evidence of rehabilitation will be considered upon reapplication.
(Ord. 2008-20, passed 12-9-2008)